Anthony Wayne Elkerton and Ronald John Dean Willcocks in their capacity as Administrators of South Head and District Synagogue (Sydney) (In Liquidation) (Controllers Appointed) v Rabbi Benzion Milecki

The appeal concerned the interpretation of a written contract of engagement between Rabbi Benzion Milecki and a company controlled by the South Head and District Synagogue. The contract stipulated that the relationship between the Rabbi and the "congregation" would be defined in accordance with Halacha. The central dispute revolved around whether this provision incorporated the principle of Orthodox Jewish law known as *Hazakah*, which traditionally grants a Rabbi life tenure, as an express or implied term of the contract with the company. The matter was heard in the Court of Appeal of New South Wales.

The primary legal issues before the Court of Appeal were whether the term "congregation" in the contract referred to the company, and consequently, whether the principle of *Hazakah* was expressly incorporated into the contract of engagement with the company. Further, the court had to determine if such a term providing life tenure should be implied into the contract.

The Court of Appeal reasoned that the contract, when read as a whole, did not support the interpretation that "congregation" meant the company. Furthermore, the court found no basis for implying a term of life tenure based on *Hazakah* into the contract. The contractual language did not sufficiently demonstrate an intention to incorporate this specific principle of Jewish law as a binding term of the engagement with the company.

Consequently, the Court of Appeal allowed the appeal, setting aside the previous orders. The court declared that the respondent's contract of engagement with the second appellant did not include a term that his appointment as Rabbi could only be terminated in accordance with the Halachic principle of *Hazakah*. The respondent was ordered to pay the appellants' costs of the proceedings below.